Invokana® Litigation Update

Invokana® litigation has been consolidated in a multi-district proceeding (MDL 2750) and assigned to Judge Brian Martinotti sitting in the United States District Court for the District of New Jersey. As of January 3, 2018, approximately 1,000 cases have been filed in MDL 2750. At this time, most filed cases involve Plaintiffs who developed diabetic ketoacidosis or kidney injuries while taking Invokana®, Invokamet® or Invokamet® XR. More recently, cases are being filed on behalf of Plaintiffs who required lower limb amputations while taking these drugs.

The litigation is proceeding as detailed by Judge Mariotti in a series of Case Management Orders. The first "bellwether" trials are scheduled for later this year, the first of which is scheduled to begin in September. Cases have been grouped by injury: Group A – diabetic ketoacidosis cases and Group B – kidney injury cases. The first three trial will be cases drawn from Group A, ultimately selected by the Judge from among a small group of cases proposed for trial by the Plaintiffs’ and Defendants’ Lead Counsel.

Currently, discovery is almost complete in the proposed cases with expert discovery scheduled for the three trial cases set to conclude over the next several months. In all likelihood, a third group of cases (Group C ?) will be identified consisting of lower limb amputation cases that will require their own consolidated discovery, expert reports/testimony and pre-trial motion practice. As amputation cases are filed in MDL 2750, this third discovery effort will build more momentum.